Copyright, Ethics, and Privacy in the Workplace: A Guide for HDS

Assignment 12 Answer
About HDS:
Hosted Desktop solutions (HDS) is a small company which provides hosted “open-
source” IT solutions to growing small and medium sized organizations. The company
is owned and managed by Jeff and Bob.
To define the internal functioning of the HDS, the words chaos and unmanaged are
enough.
Networking is done using 4 years old instable server, unmanaged wiring and out of
date computers. Customer management system (CRM) which is supposed to be the
backbone for customer handling is also messed up with no proper database and
paper work handling.
Telephony is also inadequate as a result the helpdesk email monitoring and
response management is under huge pressure. Because of the lack of the proper
hardware, software, networking and management of HDS, the company is unable to
handle the demands of current growth and is in urgent need of Business Process
Reengineering (BPS).
Email is hosted through Google Apps, and the website is externally hosted.
While many of the hosting services supplied to customers are externally hosted,
older clients are still managed using the companies own IT; and most client IT
system monitoring and maintenance is still undertaken through internal IT.
There is a separate application development “box”, however, as with other systems it
is not being optimally maintained and application development has slowed to a
trickle.
My Role
I have been hired as the Chief Information Officer (CIO) for a Hosted Desktop
Solutions (HDS). The task of requirement/information gathering for the new HDS
website is completed and its time to develop the Project Management Framework for
the website build. My responsibility is Project Management and delivery. I need to
use the full range of formal and project Management methodology to deliver this
project.
HDS has many part time senior level staffs who are working in different
organizations parallelly and also, HDS is using external ways to host its applications
and handle company’s core data. Thus, it’s also my responsibility to maintain
copyright policy of HDS so that the internal framework and business policy gets safe.
Apart from that, sound working environment is also important for any flourishing
organization. So, it’s another key role to identify workplace procedures and policy
and maintain ethics for individual’s wellbeing.
What is copyright, ethics and privacy?

Copyright: Copyright is a legal right created by the law of a country that grants the
creator of original work exclusive rights for its use and distribution. This is usually
only for a limited time. The exclusive rights are not absolute but limited by limitations
and exceptions to copyright law, including fair use. A major limitation on copyright is
that copyright protects only the original expression of ideas, and not the underlying
ideas themselves.
Ethics: Ethics or moral philosophy is a branch of philosophy that involves
systematizing, defending, and recommending concepts of right and wrong conduct.
The term ethics derives from the Ancient Greek word which is derived from the word
ethos (habit, "custom"). The branch of philosophy axiology comprises the sub-
branches of ethics and aesthetics, each concerned with values.
Privacy: Privacy is the ability of an individual or group to seclude themselves, or
information about themselves, and thereby express themselves selectively. The
boundaries and content of what is considered private differ among cultures and
individuals but share common themes. When something is private to a person, it
usually means that something is inherently special or sensitive to them. The domain
of privacy partially overlaps security (confidentiality), which can include the concepts
of appropriate use, as well as protection of information. Privacy may also take the
form of bodily integrity.
Copyright law of Australia:
Copyright act 1968:
The copyright law of Australia is the legally enforced rights to preserve the rights of
the creators works under Australian law. Australian Copyright law Act 1968 (as
amended) defines the scope of copyright in Australian Law, which is a federal law
and established by Australian Parliament.
Acts comprised in copyright (Copyright 1968)
 A reference in this Act to an act comprised in the copyright in a work or other
subject-matter shall be read as a reference to any act, that this act, the owner
of the copyright has the exclusive right to do.
 For the purposes of this Act, the exclusive right to do an act in relation to a
work, an adoption of a work or any other subject-matter includes the exclusive
right to authorize a person to do that act in relation to that work, adoption or
other subject-matter.
Exclusive Rights to Copy: The Australian Copyright Act contains provisions that
allow educational institutions to use text, images and notated (print) music in ways
that would otherwise require a copyright clearance. But there is limitation for
photocopying as well. These provisions are sometimes referred to as the Part VB
educational statutory licence. Australian teachers can copy and communicate text,
images and print music without a copyright

clearance if:
•it is for educational purposes, and
•they work for an educational institution that is covered by the Part VB educational
statutory licence
Copyright amendment act 2006:
According to the US-Australia Fee Trade Agreement, the Copyright Amendment Act
2006 made required changes. In particular, for the first time in Australia, it improved
anti-circumvention laws, making it illegal to circumvent technical measures used by
copyright owners to restrict access to their works, and expanding the measures
which count as technological restriction measures which may not be circumvented.
Copyright Amendment Act 2006 introduced a series of new exceptions in Australian
Copyright Law. The stated aim of these act is to make copyright easier to enforce,
especially for commercial use.
The most famous one is private copying exceptions which allow people to copy
television and radio programs at home for non-commercial purpose for example: to
watch later with family and friends or use music/videos onto personal gadgets
Another notable change made by this act to expand the provisions concerning
criminal infringement. On the spot fines for some copyright infringements.
Protected subject matter, exclusive rights and infringement:
In addition to the Berne convention and other international copyright treaties, the
Australian law is quite inspired by English Law. Thus, there is an exhaustive set of
types of material protected, and an exhaustive set of exclusive rights. To be
protected, material must fall into one of these exclusive categories and different
kinds of subject matter have different rights.
Australian law confers rights in works, also known as "Part III Works" namely, literary
works, musical works, dramatic works, artistic works, computer programs. It also
confers rights in "other subject matter" (Part IV Subject Matter), which cover the
kinds of material protected in some countries by 'neighbouring rights': sound
recordings, films, broadcasts, and published editions.
Owners of work can publish for the first time, perform, and adapt the work, and
communicate it to the public (including broadcast, or communicate by making
available online). But, the rights of owners of copyright in artistic works are more
limited as they cannot control public display of artistic works. Whereas Owners of
work in other subject matter have the exclusive right to make copies, to
communicate them to the public, and to cause them to be heard seen in public.
Infringement occurs where a person does an act falling within the copyright without
the authorisation of the copyright owner.
Part III of Copyright Act 1968 by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra 2008 commencing from page 42 deals
with copyright in original Literary, dramatic, musical and artistic works. Division 2 of
Copyright Act 1968 commencing from page 48 has explained about the infringement
of copyright in different type of work and division 3 of Copyright Act 1968